Measure C on road to failure in San Bernardino

SAN BERNARDINO - History repeated itself on Election Night as city voters once again rejected a ballot measure that would have given the City Council and mayor power to appoint the city attorney and other city positions that will remain as elective offices.

Measure C was failing by a roughly 2-to-1 margin with about 68 of 148 precincts reporting. The San Bernardino County Registrar of Voters Office showed the tally as being about 64 percent of voters in opposition, with only 36 percent of voters in favor.

At the close of a heated campaign, the victor and vanquished alike called on their campaign opponents to end the fighting and return to the job of handling city business.

"I just wish the community would have been spared this very divisive and hostile campaign," City Attorney and Measure C opponent James F. Penman said. "The mayor needs to reach out to us and we need to reach out to him and stop this silly infighting, but again, the ball is in his court."

Mayor Pat Morris supported Measure C, which would have also converted the city clerk's and city treasurer's positions into appointive offices.

The principal officer of the Yes on C campaign, attorney Mark Edwards, conceded defeat late Tuesday.

"Well, I think we see the writing on the wall and it's unfortunate," he said.

Edwards predicted the future of San Bernardino politics will depend on whether Penman wants to serve as the city's top attorney or take an expansive approach to his duties.

"It all depends on if Mr. Penman wants to act like a policy-maker/politician or if he wants to do his job," Edwards said.

Measure C's supporters framed the referendum as an attempt to professionalize City Hall. Opponents deemed the effort to be nothing more than a power grab that would erode critical checks and balances at City Hall.

The last time San Bernardino politicos tried to switch to an appointive city attorney was in 2000, when the more sweeping Measure M went down in flames.

Whatever the philosophical arguments for and against Measure C, it was virtually impossible to perceive of the campaign as not being the latest Morris-versus-Penman dispute.

Although San Bernardino voters have twice elected Morris over Penman for mayor, they have sided with Penman at other times. Penman defeated a Morris-backed rival in the 2007 city attorney's race and Penman is now on the winning side on Measure C.

Besides the mayoral campaigns, the two officials have sporadically fought each other over policy issues, such as a 2009 redevelopment project on the city's eastside.